US DMCA Law Overhauled

ThiefThief Ownage Join Date: 2003-08-09 Member: 19214Members, Constellation
<div class="IPBDescription">Iphone jailbreaking, educational content, DVDs, etc.</div>Seems like some pretty huge news, might be really helpful to some here. US Copyright office making some big changes to things alleged to be 'pirating' in the past.

<a href="http://www.copyright.gov/1201/2010/Librarian-of-Congress-1201-Statement.html" target="_blank">http://www.copyright.gov/1201/2010/Librari...-Statement.html</a>

<a href="http://www.crunchgear.com/2010/07/26/now-legal-in-the-u-s-jailbreaking-your-iphone-ripping-a-dvd-for-educational-purposes/" target="_blank">http://www.crunchgear.com/2010/07/26/now-l...ional-purposes/</a>

<!--quoteo--><div class='quotetop'>QUOTE </div><div class='quotemain'><!--quotec-->It’s no longer illegal under the DMCA to jailbreak your iPhone or bypass a DVD’s CSS in order to obtain fair use footage for educational purposes or criticism. These are the new rules that were handed down moments ago by the U.S. Copyright Office. This is really big. Like, really big.

The office looks at copyright law every three years in order to make revisions or exemptions. The six “classes” now exempt from prosecution under the DMCA are:

1. Defeating a lawfully obtained DVD’s encryption for the sole purpose of short, fair use in an educational setting or for criticism

2. Computer programs that allow you to run lawfully obtained software on your phone that you otherwise would not be able to run aka Jailbreaking to use Google Voice on your iPhone

3. Computer programs that allow you to use your phone on a different network aka Jailbreaking to use your iPhone on T-Mobile

4. Circumventing video game encryption (DRM) for the purposes of legitimate security testing or investigation

5. Cracking computer programs protected by dongles when the dongles become obsolete or are no longer being manufactured

6. Having an ebook be read aloud (ie for the blind) even if that book has controls built into it to prevent that sort of thing.

This is easily the biggest tech news I have come across in quite some time—we’re talking years here. I’m actually going to need a few moments to digest all of this.<!--QuoteEnd--></div><!--QuoteEEnd-->

Thoughts on this?

Comments

  • That_Annoying_KidThat_Annoying_Kid Sire of Titles Join Date: 2003-03-01 Member: 14175Members, Constellation
    huge

    major


    industry is not going to like this, the common man is!

    Fair use, and dongle obsolescence, as well as jailbreaking provisions.


    Now if we could just get some net neutrality...
  • ThaldarinThaldarin Alonzi&#33; Join Date: 2003-07-15 Member: 18173Members, Constellation
    Number 6 actually made me laugh. Sounds more like a common sense law.
  • puzlpuzl The Old Firm Join Date: 2003-02-26 Member: 14029Retired Developer, NS1 Playtester, Forum Moderators, Constellation
    Yeah, a great victory for common sense and the common consumer.
  • lolfighterlolfighter Snark, Dire Join Date: 2003-04-20 Member: 15693Members
    edited July 2010
    I had an introductory course on law a long time ago. Autumn of 2003, as a matter of fact. I don't remember any of it except one of the first things our teacher told us: "This class is about law, not about common sense. The two have nothing to do with each other."
  • SwiftspearSwiftspear Custim tital Join Date: 2003-10-29 Member: 22097Members
    Basically if content can be used under fair use, you can use it irrelevant of how you get it. Nice.

    I really hate all the "you own this item, but it's actually ours" stuff the tech industry does all the time. This is a nice step forward.
  • KungFuDiscoMonkeyKungFuDiscoMonkey Creator of ns_altair 日本福岡県 Join Date: 2003-03-15 Member: 14555Members, NS1 Playtester, Reinforced - Onos
    <a href="http://gigaom.com/2010/07/26/what-the-new-dmca-ruling-on-copyright-actually-says/" target="_blank">http://gigaom.com/2010/07/26/what-the-new-...-actually-says/</a>
  • ThiefThief Ownage Join Date: 2003-08-09 Member: 19214Members, Constellation
    <!--quoteo(post=1789093:date=Jul 29 2010, 09:07 PM:name=KungFuDiscoMonkey)--><div class='quotetop'>QUOTE (KungFuDiscoMonkey @ Jul 29 2010, 09:07 PM) <a href="index.php?act=findpost&pid=1789093"><{POST_SNAPBACK}></a></div><div class='quotemain'><!--quotec--><a href="http://gigaom.com/2010/07/26/what-the-new-dmca-ruling-on-copyright-actually-says/" target="_blank">http://gigaom.com/2010/07/26/what-the-new-...-actually-says/</a><!--QuoteEnd--></div><!--QuoteEEnd-->
    As far as the iphone part of this is concerned, I don't think this ruling—or it's exact wording breakdown—will make much a difference in peoples' minds, whether they were planning on jailbreaking their phone or not. Apple would never sue end-users for modifying their phones anyways, that would be corporate suicide. Seems to me that the most serious outcome of this will be that Apple takes an even firmer stance on not offering support and warranty service on jailbroken phones and modified software, which won't end up being much of a change at all.
  • TychoCelchuuuTychoCelchuuu Anememone Join Date: 2002-03-23 Member: 345Members
    My roommate is not the smartest guy on the planet, and he's a giant Apple fanboy (bought an iPhone 4 the day it came out, is always telling me about the latest Apple news, links a bunch of jokes that are only funny if you think Apple is the most amazing company on the planet, etc) and when he heard about this the conversation went like this:

    Him: "Dude, have you heard about this? It's now <i>legal</i> to jailbreak an iPhone!"

    Me: "Yep."

    Him: "This sucks!"

    Me: "Why shouldn't people be allowed to jailbreak their iPhones?"

    Him: "Well, because-"

    Me [getting a little angry]: "Why shouldn't people be allowed to do whatever the *expletive deleted* they want to do with their iPhone?"

    Him: "Well, how come you can't share music?"

    Me: "Because it's illegal."

    Him: "How come that's illegal but jailbreaking isn't?"

    Me: "Because the RIAA wanted it to be illegal."

    Him: "Then why isn't jailbreaking illegal?"

    Me: "Because the RIAA doesn't care if you jailbreak your phone and there's no reason to make it illegal."

    Him: "Then why is sharing music illegal?"

    Me: "Because the RIAA can get the government to do what they want."

    Then he got annoyed because he didn't understand why one thing could be illegal and the other thing couldn't and walked off to get a snack.

    I'm not really sure where I was going with this. But yeah, great, no longer illegal to do stuff that nobody really stopped you from doing before. Hooray!
  • TesseractTesseract Join Date: 2007-06-21 Member: 61328Members, Constellation
    Tycho that is one of the worst arguments I have ever seen, from either side. His argument was dumb but your responses were inadequate and did nothing to quash his misconception.
  • That_Annoying_KidThat_Annoying_Kid Sire of Titles Join Date: 2003-03-01 Member: 14175Members, Constellation
  • lolfighterlolfighter Snark, Dire Join Date: 2003-04-20 Member: 15693Members
    Not to mention that, as the page KFDM linked to shows, jailbreaking hasn't been ruled legal. It has merely been ruled "not copyright violation."
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